Kelly Thomas' father: Chief's statement clears son

Ron Thomas, father of Kelly Thomas, is briefly overcome with emotion as he talks about his son before the Fullerton City Council on Tuesday night. STEVEN GEORGES, FOR THE REGISTER

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Fullerton's acting police chief Capt. Dan Hugh says in a city council meeting that Kelly Thomas did not commit any crimes the night he was beaten. STEVEN GEORGES, FOR THE REGISTER

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Fullerton's acting police chief Capt. Dan Hugh tells the city council that Kelly Thomas did not commit any crimes the night of his beating. STEVEN GEORGES, FOR THE REGISTER

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Cathy Thomas, mother of Kelly Thomas, sits in the audience at the Fullerton City Council meeting during public comments as people talk about her son's beating death by police. STEVEN GEORGES, FOR THE REGISTER

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Lucia Maturino, Community Liaison Officer for the Fullerton Police Department and resident of Fullerton since she was 5 years old, wears a T-shirt that reads, "We Love Fullerton Police" at the Fullerton City Council meeting Tuesday night. STEVEN GEORGES, FOR THE REGISTER

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Ron Thomas, the father of Kelly Thomas speaks to the Fullerton city council about his son Tuesday night. STEVEN GEORGES, FOR THE REGISTER

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Fullerton Mayor Sharon Quirk-Silva listens to the public input section of Tuesday night's council meeting where on of the topics being discussed was Acting Police Chief Dan Hughes' statement that beating victim Kelly Thomas did not commit any crimes. STEVEN GEORGES, FOR THE REGISTER

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Christine Walker, a 41-year native of Fullerton speaks before the Fullerton City Council Kelly Thomas. She told them that she is leaving Fullerton. "I'm getting out of here because of this craziness, this city can't seem to work together so, I'm moving on." STEVEN GEORGES, FOR THE REGISTER

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Stephan Baxter tells the Fullerton City Council during public comment that he heard acting Police Chief Dan Hughes say that Kelly Thomas didn't commit any crimes but was disappointed that he didn't go far enough stating that Thomas wasn't the aggressor. STEVEN GEORGES, FOR THE REGISTER

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Barry Levinson shows off a "We Love the People - Justice 4 Kelly" shirt that many people were wearing to the Fullerton city council meeting tuesday night. STEVEN GEORGES, FOR THE REGISTER

FULLERTON – In the aftermath of the death of a mentally ill homeless man, there was speculation about whether he was trying to open car doors or had stolen property when confronted by officers July 5, 2011.

Department officials were also criticized for releasing initial reports of an officer having sustained broken bones in the confrontation with transient Kelly Thomas, which turned out to be untrue.

At the direction of the City Council, Capt. Dan Hughes, the acting Fullerton police chief, made a statement Tuesday clarifying these details, a statement that Ron Thomas said clears his son of any wrongdoing. Thomas had asked for such a statement for months, Hughes said.

In a packed council chambers, Hughes said items in Thomas' backpack included a computer tablet, keys to a Lexus, mail belonging to a lawyer and a passport.

"None of these items belonged to Mr. Thomas," Hughes said. "It was later learned that the backpack and the items in the backpack were left in a public place by the owner of the backpack. ... There is no evidence that Kelly Thomas stole the backpack."

Regarding reports of the officer's broken bones, initial medical reports indicated a diagnosis of fractured ribs to one of the officers, Hughes said.

"But a subsequent doctor's visit revealed the ribs were strained and not fractured," the captain said.

Referring to the phone call to the police from a witness who said Thomas was trying to open car doors, Hughes said that call was "the only one received regarding such observations."

Hughes' statement essentially reiterates the findings of independent investigator Michael Gennaco, who was hired by the city to oversee the internal affairs investigation of Thomas' death.

"I wanted to hear it from the Police Department," Ron Thomas said. "It's been a very long process for us."

Among those in attendance Tuesday was former Cpl. Jay Cicinelli's wife and stepfather, John Huelsman, who blasted Hughes and the council for making the statement.

"It tore right through me," Huelsman said of the statement.

Huelsman accused the council of cowering to public pressure, calling the five-member body "cowardly."

Kelly Thomas "was in possession of stolen or lost property," said Huelsman, a former Anaheim police officer. "That is a felony or a misdemeanor ... I'm very upset with a council deciding a suspect is innocent before there is even a trial."

When giving the first of three reports in February, Gennaco acknowledged that the officers had no way of knowing at the time whether Thomas stole the items in the backpack.

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